Quiet Title/Partition Law
Cades Schutte’s quiet title and partition group provides expert advice and extensive litigation experience in these two unique and specialized fields of Hawai`i real estate law.
We have represented landowners both large and small on all of the major Hawaiian islands in navigating Hawai`i’s laws relating to issues concerning real property’s ownership and broken title. We also have extensive experience in negotiating and, when necessary, litigating disputes among owners of real property in real estate partition actions brought under Chapter 668, Haw. Rev. Stat.
With decades of experience in Hawai`i’s courts and with Hawai`i’s title insurers, our quiet title and partition attorneys are committed to achieve practical, timely and cost effective solutions. Our firm’s full-service capabilities allow us to coordinate with the title companies, genealogists, Hawaiian language translators, appraisers, and real estate brokers and assemble the most effective team to meet our clients’ needs. Let us join you in solving your title and partition problems.
- Title Analysis
- Coordination with Title Companies
- Litigation of Quiet Title and Partition Actions
Drawing upon years of experience in the intricate laws of Hawai`i relating to title, descent and adverse possession, our title attorneys have assisted clients in numerous reviews of title reports and provided detailed research, title analysis and recommendations for the clients’ options in clearing broken or clouded title. No title problem is too complicated for our attorneys, and we have extensive experience in creating innovative solutions for our clients in addressing differing title issues.
Coordination with Title Companies
With decades of experience in negotiating with the major title insurers, our attorneys can ask the right questions and provide the right answers so that a client’s title issues may be, if not completely solved without litigation, at least limited to the issues that affect the client’s title.
Litigation and Dispute Resolution
Quiet title litigants in Hawai‘i confront a host of unique laws involving the confluence of western laws of intestacy and descent with further development of the laws by modern Hawai`i courts and legislation. Our attorneys have represented landowners and title claimants in every type of quiet title case, ranging from those with only one or two defendants to those involving hundreds of claimants. Drawing upon deep resources and the understanding of what has proved successful, our attorneys have assisted numerous clients in quieting the title to their properties, sometimes despite fierce opposition from other co-tenants and claimants.
Similarly our partition clients have found our attorneys’ ability to represent them in disputes with their co-owners to be second to none in terms of creativity and delivering cost effective results. Further, while the goal in a partition action is usually to reach an amicable agreement among all the co-tenants, that is often not attainable, especially if owners are deceased or otherwise missing. In those situations, our attorneys have the ability to confirm our clients’ rights in an equitable partition of the subject property. In instance where property is susceptible to physical division to satisfy owners, we have the experience dealing with surveyors and affected government agencies.